Terms of Use

Use of this Site

All content on this Site, including information, images, text, illustrations, designs, icons, photographs, programs, software, video clips and other materials that are part of or made available on this Site (collectively, “Content”), is intended solely for your own internal residential or business use. You may download or copy the Content and other downloadable materials displayed on the Site, subject to and in accordance with these Terms of Use. No right, title or interest in any Content is transferred to you as a result of any such downloading or copying, except for the limited license granted herein. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any Content or the Site. All software used on this Site is the property of Duke Energy or its licensors and is protected by U.S. and international copyright laws. Except as expressly permitted in these Terms of Use, any use of this Site, including the reproduction, modification, distribution, transmission, republication, display or performance of the Content, is strictly prohibited.

Availability

You may be required to establish an online account in order to access certain features and services on this Site. The Site provides users with access to various online resources, which may include applications that allow you to view your account information, view and pay your bills, and use energy audit applications. Unless explicitly stated otherwise, any new features that augment or enhance Duke Energy’s current services or features on this Site, including the release of new services or features, shall be subject to these Terms of Use. Duke Energy reserves the right to render the Site and any of the Contents, in whole or in part, temporarily or permanently unavailable or to otherwise terminate, suspend access to, replace or modify the Site or any portion thereof, at any time and for any or no reason, without prior notice or liability to you. If you establish an online account with us, you are solely responsible for safeguarding your user name and password, and for any unauthorized activity on your account resulting from your failure to do so.

Third-Party Sites

References on this Site to any names, marks, products or services of third parties, or hypertext links to third-party sites or information, are provided solely as a convenience to you and do not in any way constitute or imply Duke Energy’s endorsement, sponsorship or recommendation of the third party, its information, products or services. Duke Energy is not responsible for the practices or policies of such third parties, nor the content of any third-party sites, and does not make any representations regarding third-party products or services, or the content or accuracy of any material on such third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for the user, or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”,“mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Duke Energy may investigate occurrences that involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. In order to strengthen our network security, Duke Energy may participate in partnership agreements with private or public entities, including the U.S. government, that involve the sharing of certain information collected automatically as described in the Privacy Policy. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Duke Energy on this Site and other than generally available third-party web browsers (for example, Google Chrome).

Cautionary Statement Regarding Forward-Looking Information

This Site may contain forward-looking statements within the meaning of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Forward-looking statements are based on management’s beliefs and assumptions and can often be identified by terms and phrases that include “anticipate,” “believe,” “intend,” “estimate,” “expect,” “continue,” “should,” “could,” “may,” “plan,” “project,” “predict,” “will,” “potential,” “forecast,” “target,” “guidance,” “outlook” or other similar terminology. Various factors may cause actual results to be materially different than the suggested outcomes within forward-looking statements; accordingly, there is no assurance that such results will be realized.

Risk factors and uncertainties are identified and discussed in Duke Energy’s reports filed with the SEC and available at the SEC’s website at sec.gov. In light of these risks, uncertainties and assumptions, the events described in the forward-looking statements might not occur or might occur to a different extent or at a different time than described. Forward-looking statements speak only as of the date they are made, and Duke Energy expressly disclaims an obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

Limitation Concerning Investment Opinions and Advice

At times, Duke Energy or other users may post information on the Site concerning investment strategies or advice. This information is solely intended to provide you with general opinions regarding purchasing strategies, pricing options and reporting options. By using this Site, you understand and agree that: (a) Duke Energy is not acting as a fiduciary or financial or investment advisor for you; (b) you will not rely upon any representations (whether electronic, written or oral and whether or not contained on this site) of Duke Energy contained herein; (c) you have not engaged Duke Energy (directly or indirectly through any other person) to provide any advice, counsel, assurance, guarantee or representation whatsoever as to the expected or projected success, profitability, return, performance, result, effect, consequence, or benefit (either legal, regulatory, tax, financial, accounting, or otherwise) of any arrangement, opportunity or transaction; and (d) you will consult with your own legal, regulatory, tax, business, investment, financial, and accounting advisors concerning any information contained herein and you will make your own investment, trading, hedging and other decisions based upon your own judgment and upon any advice from such advisors, and not upon any view expressed by Duke Energy.

“Market Snapshot” Information

If any market information is displayed, linked to, or accessible on the Site, the Closing Price, Day's High, Day's Low and Day's Volume have been adjusted to account for any stock splits and/or dividends that may have occurred for this security since the date shown above. The Actual Price is not adjusted for splits or dividends. The Split Adjustment Factor is a cumulative factor that encapsulates all splits since the date shown above. The closing price above is not necessarily indicative of future price performance.

Copyrights and Trademarks

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Duke Energy, its affiliates or third parties who have licensed their materials to Duke Energy and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Contents on this Site is the exclusive property of Duke Energy and is also protected by U.S. and international copyright laws. Duke Energy and its suppliers, affiliates, and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Duke Energy’s or any third party's intellectual property rights. The Duke Energy names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Duke Energy. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner, except as may be expressly permitted herein.

Registration, Submissions and Comments

You are not obligated to but you may choose to register as a user in order to access and participate in certain features offered on the Site, including discussion forums where applicable. When you register, you will be asked to disclose personal information (which may include, without limitation, your name, email address or ZIP code), or if you are registering your business, you will be asked to disclose information about your business (which may include, without limitation, your business name, physical address including ZIP code, a preferred and alternate phone number, your business’ Federal Tax Identification Number, and the type of business). Duke Energy may refuse to grant you, and you may not use, without the owner’s authorization: an email address that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person; or is vulgar or otherwise offensive. You agree to notify Duke Energy of any unauthorized use of your account or any other breach of security with respect to your account. Duke Energy will not be liable for any loss or damage arising from unauthorized use of your account. You agree to provide true, accurate, current and complete information about yourself as requested in the registration form. You also agree to update the information about yourself as necessary to keep it current and accurate.

For all comments, feedback, suggestions, ideas, questions and other submissions disclosed, submitted, offered or otherwise communicated to Duke Energy on or through this Site, including any chat functionality available through the Site, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) you grant Duke Energy a royalty-free, irrevocable, transferable right and license to use the Comments however Duke Energy desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world. Duke Energy will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.

You agree that any Comments submitted by you to the Site: will not violate these Terms of Use or the guidelines set forth in the Community Guidelines, any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s); will not cause injury to any person or entity; and are accurate, truthful, not misleading, offered in good faith and lawful.

Duke Energy does not regularly review Comments submitted by a user but has the right (but not the obligation) to monitor, review, revise and/or remove any Comments posted by a user. Duke Energy assumes no liability for any Comments posted by a user. YOU ARE SOLELY RESPONSIBLE FOR ANY COMMENTS THAT YOU SUBMIT, THE CONSEQUENCES OF POSTING THOSE COMMENTS AND YOUR RELIANCE ON ANY COMMUNICATIONS FOUND IN ANY COMMENTS. DUKE ENERGY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY COMMENTS SUBMITTED BY YOU OR ANY THIRD PARTY.

Additional Terms

In addition to these Terms of Use, additional terms, conditions and policies may apply to your use of certain services or features available on this Site, including but not limited to: online account access, paperless statements, notifications and alerts, and online bill payment. These Terms of Use do not supersede or modify any terms, conditions or agreements you may have with Duke Energy for utility services, which shall continue to apply to your receipt and use of such utility services.

Indemnification

You agree to defend, indemnify and hold harmless Duke Energy, its affiliates and each of their service providers from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of these Terms of Use.

Termination

These Terms of Use are effective unless and until terminated by either you or Duke Energy. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site. Duke Energy also may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Duke Energy’s sole discretion you fail to comply with any term or provision of these Terms of Use, or for any other reason. Upon any termination of these Terms of Use by either you or Duke Energy, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. The following sections shall survive any termination of these Terms of Use: “Arbitration Agreement and Class Action Waiver,” “Third-Party Sites,” “Site Security,” “Cautionary Statement Regarding Forward-Looking Information,” “Limitation Concerning Investment Opinions and Advice,” “Copyrights and Trademarks,” “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” “Privacy,” “Registration, Submissions, and Comments” and “General”.

Arbitration Agreement and Class Action Waiver

A. Mandatory Arbitration. YOU AND DUKE ENERGY AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE (EACH, A “DISPUTE”) TO BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT (TITLE 9 OF THE UNITED STATES CODE), WHICH SHALL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”). YOU AND DUKE ENERGY WAIVE THE RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO HAVE A DISPUTE HEARD IN COURT.

In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator's decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief and declaratory relief. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. A single arbitrator with the American Arbitration Association ("AAA") will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location. The AAA's Consumer Arbitration Rules will apply. If AAA will not apply those rules, then AAA's Commercial Arbitration Rules will apply. The AAA's rules and a form that can be used to initiate arbitration proceedings are available at http://www.adr.org. You and Duke Energy agree that if for any reason AAA will not conduct or becomes unavailable to conduct the arbitration, then a court may appoint a substitute arbitrator, and further agree that the choice of AAA as a forum is not integral to the Arbitration Agreement.

The arbitrator will decide all issues relating to the enforceability, interpretation, scope and application of this Arbitration Agreement (including “gateway” issues of arbitrability, whether the Arbitration Agreement is unconscionable or illusory and any defense to arbitration), and these Terms of Use, except that a court will resolve any question regarding the validity or enforceability of the class action waiver set forth in Section B of this Arbitration Agreement. The term "Dispute" and the requirement to arbitrate will be broadly interpreted.

B. Arbitration Class Action Waiver. You and Duke Energy agree that the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the arbitration proceeding. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this Section B invalid or unenforceable, then Sections A and C of this Arbitration Agreement will be null and void.

C. Fees and Costs in Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Duke Energy will reimburse you for those fees up to $7,500, unless the arbitrator determines the claims are frivolous. Likewise, Duke Energy will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

D. Non-Arbitration Class Action and Jury Waiver. You and Duke Energy agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and Duke Energy waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor Duke Energy may be a class representative or class member or otherwise participate in any class, representative, consolidated or private attorney general proceeding.

E. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU ACCEPT THESE TERMS OF USE, OR (2) THE DATE YOU FIRST SIGNED AN AGREEMENT WITH DUKE ENERGY THAT CONTAINED AN ARBITRATION PROVISION. The opt-out notice must be postmarked no later than the applicable deadline and mailed to:

The opt-out notice must state that you do not agree to this Arbitration Agreement and must include the name, address, phone number and email address associated with your account with us. This procedure is the only way you can opt out of this Arbitration Agreement, and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of this Arbitration Agreement will continue to apply.

THIS SITE IS PROVIDED BY DUKE ENERGY ON AN “AS IS” AND “AS AVAILABLE” BASIS. DUKE ENERGY AND ITS AFFILIATES, ON BEHALF OF THEMSELVES AND RESPECTIVE VENDORS, SUPPLIERS, CONTRACTORS AND AGENTS, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DUKE ENERGY AND ITS AFFILIATES, ON BEHALF OF THEMSELVES AND THEIR VENDORS, SUPPLIERS, CONTRACTORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DUKE ENERGY AND ITS AFFILIATES, ON BEHALF OF THEMSELVES AND THEIR VENDORS, SUPPLIERS, CONTRACTORS AND AGENTS, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL DUKE ENERGY, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, CONTRACTORS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DUKE ENERGY OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DUKE ENERGY, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, CONTRACTORS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

Some jurisdictions do not allow certain limitations on damages, so the limitations and exclusions above may not apply to you. If this section is held to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law. In the event that any provision of the above paragraph is found by a court of competent jurisdiction to exceed the restrictions permitted by applicable law, then the court shall have the power to reduce, limit or reform such provision to make it enforceable to the maximum extent permitted by law, and such provision shall then be enforceable in its reduced, limited or reformed manner; provided, however, that a provision shall be enforceable in its reduced, limited or reformed manner only in the particular jurisdiction in which a court of competent jurisdiction makes such determination. In addition, the parties agree that the provisions of the above paragraph shall be severable in accordance with the terms of these Terms of Use.

Please review our Privacy Policy, which applies to personal information collected from or provided by you on the Site.

These Terms of Use, the Duke Energy Voice, SMS/Texting and Email Terms and Conditions, and the Privacy Policy represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of Duke Energy to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Duke Energy’s rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under North Carolina law without regard to conflicts of law provisions, provided that if you are a customer of Duke Energy for regulated utility services, then these Terms of Use shall instead by governed by and construed in accordance with the State in which you receive utility services from Duke Energy. In the event that you receive utility services from Duke Energy in more than one State, then these Terms of Use shall be governed by and construed in accordance with the laws of the State in which you first received utility services from Duke Energy.

By accepting these Terms of Use, you are consenting to receive certain communications from Duke Energy, its affiliates and their respective vendors, suppliers, contractors, agents and service providers in connection with your account, including disclosures that are required to be provided to you in writing (collectively, “Disclosures”) in electronic format. Duke Energy reserves the right to provide any Disclosure to you in paper format at the mailing address associated with your account.

Please note that:

• If you wish to retain a copy of such Disclosures, you should print paper copies or reserve sufficient memory on your computer or mobile device.
• You may withdraw your consent to receive future Disclosures in electronic format by contacting Customer Service.
• In order to receive Disclosures electronically, you will need: a computer or a mobile device and software that provides the capability to: receive and send messages from an e-mail address; access and view internet web sites designed for use with generally available internet browsers; or open, view and print files in Portable Document Format (“PDF”); a valid e-mail address; internet access and access to a printer or sufficient memory on your computer or mobile device to save an electronic copy of your Disclosures.

Your access to and use of (a) telecommunications tools, including pre-recorded alerts, calls and voicemails (collectively, “Voice Communication”), (b) mobile communication tools and text messaging services (collectively, “SMS/Texting”), and (c) e-mail communication services is subject to the Duke Energy Voice, SMS/Texting and Email Terms and Conditions.

A. Introduction. Where applicable, as part of the Site, eligible customers can enroll in Duke Energy’s Paperless Billing and Online Electronic Payment Programs or the Duke Energy Progress E-Bill Program, which are applications that allow you to receive, view and pay your bill online (“Online Payment Service(s)”). By enrolling in Online Payment Services, you agree to these Online Payment Service terms and conditions, as they may be amended from time-to-time. These Terms and Conditions apply to your use of the Online Payment Services, even if you: (i) enroll in the Online Payment Services at a later date; (ii) enroll, terminate and then re-enroll in the Online Payment Services; (iii) add, delete or change utility accounts for which you use the Online Payment Services; or (iv) add, delete or change bank accounts from which you pay using the Online Payment Services. Thus, these Terms of Use, as they may be amended from time to time, will apply to all of your usages of the Online Payment Services.

B. Customer Account Eligibility. There are several customer account attributes that, when present, may exclude a Duke Energy account from being eligible for participation in Duke Energy’s Online Payment Services. Those customer account attributes are: (i) your electric account's class or type is not eligible; (ii) your account shows that return check(s) have been received within the last 12 months; (iii) your electric account is associated with a consolidated billing agreement, which means that your electric account billings are combined and reported with one or more other account billings each month; (iv) your account receives Electronic Data Interchange billing; (v) your account is coded for special handling prior to release each month; (vi) meter reading data from two or more meters located on your premises have been combined; (vii) you asked Duke Energy to deactivate your Online Payment Services account; or (viii) your electrical account billing exceeded $1 million within the last 12 months.

C. Consent to Electronic Bills. Duke Energy will discontinue mailing monthly bills to you if you enroll in the Paperless Billing Program. By enrolling in the Paperless Billing Program, you thereby: (i) affirmatively consent to Duke Energy providing billing information to you electronically and to the discontinuance of paper bills for your account(s) and (ii) agree to manage the accounts you select during enrollment electronically using the Paperless Billing Program. You also consent to the sending of electronic messages relating to the Paperless Billing Program by Duke Energy (directly or through third-party vendors engaged by Duke Energy).

Please note that:

• If you enroll in the Paperless Billing Program, you must print copies of your bills if you desire paper copies for your records (Duke Energy will not provide paper copies of your bill).
• You may withdraw your consent for receiving electronic bills at any time by using the applicable feature of the Site, but it may take one billing cycle after you withdraw such consent before you begin receiving bills in paper form.
• You must keep your electronic contact information current by using the applicable feature of the Site.
• In order to participate in the Paperless Billing Program, you will need a computer or mobile device and software that provides the capability to: receive and send messages from an email address; access and view internet web sites designed for use with generally available internet browsers; or open, view and print files in Portable Document Format (“PDF”), a working e-mail address; Internet access, and a printer or sufficient memory on your computer or mobile device to save an electronic copy of your bills.
• While participants in the Online Payment Services receive email notifications regarding bills, you agree that non-receipt of such e-mail messages shall not excuse the late payment of any bill. Duke Energy recommends that you log onto the Online Payment Services portion of the Site periodically to view upcoming bills.

If you transfer to a new address within the Duke Energy service territory and are issued a new account number while participating in the Paperless Billing Program, Duke Energy will attempt to enroll the new account in the Paperless Billing Program. (Note that this function is not available for Piedmont Natural Gas Company, Inc. (“PNG”) accounts.)

D. Consent to Electronic Payment. Duke Energy’s Online Payment Program allows you to electronically pay your monthly utility bill from one or more of your checking or savings accounts. Using the Online Payment Services, you can electronically authorize a one-time payment of your monthly bill on the day you select (Note: PNG customers may only select the day the payment is due.), or set up a recurring payment to have your bill amount deducted automatically from your bank account on the due date. By enrolling in Online Payment Service, you thereby authorize Duke Energy (directly or through third-party vendors engaged by Duke Energy) to initiate debit transactions to the account(s) designated by you for the purpose of paying your power bill and to comply with other instructions provided by you relating to the Online Payment Service. The foregoing authorization specifically includes authorization to initiate debits using Automated Clearing House (“ACH”) as well as other Electronic Funds Transfer (“EFT”) processes.

Please note that:

• You may withdraw your authorization for Duke Energy to initiate debit transactions to the account(s) designated at any time by disabling this feature through the Site, but it may take one billing cycle after you withdraw such authorization before such withdrawal becomes effective.
• You must keep your electronic contact information current by using the applicable feature of the Site.
• In order to participate in the Online Electronic Payment Program you will need to use computer hardware and software that provide the capability to: receive and send messages from an email address; access and view internet web sites designed for use with generally available internet browsers; and open, view and print files in Portable Document Format (“PDF”).

E. Qualifications, Scheduling and Payments. If you enroll in the Online Payment Services and are later found to be ineligible to participate by Duke Energy, you will be removed from the Online Payment Service, and thereafter shall begin to receive the normal paper bill through the U.S. mail starting with your next bill cycle.

If Duke Energy is notified that there are insufficient funds (“NSF”) in your account to pay a bill authorized for payment by you via the Online Payment Service, Duke Energy will make a subsequent attempt to debit your account. If in response to such subsequent debit attempt Duke Energy is notified that there are still insufficient funds in your account to pay such bill, Duke Energy will add, and you agree to pay, a fee in the amount of $20 if the address in question is in the state of North Carolina, South Carolina, Florida, Ohio, or Indiana. For the state of Kentucky, the fee is $11. Please note that such fee is in addition to any NSF fees that may be imposed by your financial institution on the first and/or subsequent debit attempt resulting in an NSF notification.

If PNG is notified that there are insufficient funds in your account to pay a bill authorized for payment by you via the Online Payment Service, PNG will add, and you agree to pay, a fee in the amount of $25. Please note that such fee is in addition to any NSF fees that may be imposed by your financial institution on the first and/or subsequent debit attempt resulting in an NSF notification.

F. Automatic Monthly Payment Restrictions. If you are enrolled in the Automatic Monthly Payment feature and you transfer service to a new address within the Duke Energy service territory, Duke Energy will attempt to enroll the new address in Online Payment Services as well (Note: This attempt to re-enroll is not currently available for PNG customers.). However, for the new address, you will need to re-enter your bank account information and re-select the Automatic Monthly Payment feature for the new account. When you elect to participate in the Automatic Monthly Payment feature (or add a new account to Automatic Monthly Payment), the account will be automatically paid with the next bill issued. To avoid late fees on existing charges, you should make a payment prior to the Automatic Monthly Payment for the next month’s bill. You may reference your Online Payment Activity page, or contact Duke Energy Customer Service by phone or email, to determine whether the Automatic Monthly Payment feature has occurred. Duke Energy will credit the amount of the Automatic Monthly Payment to your account as of the date the funds are received by Duke Energy. You may stop any Automatic Monthly Payment through the Online Payment Service, or by notifying Duke Energy orally or in writing at least three business days before the scheduled date of the transfer. Through the Online Payment Service, you may choose to receive an email notice of the amount and date of an Automatic Monthly Payment at least 10 days prior to the scheduled date of payment. Receiving this e-mail notification is not an option if you elect to have your bill automatically paid on the date the bill was issued.

G. Information Authorization. By participating in the Online Payment Service, you agree that Duke Energy may obtain financial information regarding your designated payment account(s) from your financial institution for the purposes of performing electronic payments, resolving payment issues and verification.

H. Liability for Unauthorized Transfers. You must report an unauthorized electronic fund transfer to Duke Energy within 60 days of your bank’s transmittal of a statement containing such unauthorized transfer to avoid liability for subsequent transfers. If you fail to do so, your liability shall not exceed the amount of the unauthorized transfers that occur after the close of the 60 days and before notice to Duke Energy and that Duke Energy establishes would not have occurred had you notified us within the 60-day period. If your delay in notifying us was due to extenuating circumstances, Duke Energy may extend the times specified above to a reasonable period. Notice to Duke Energy is considered given when you take steps reasonably necessary to provide Duke Energy with the pertinent information, whether or not a particular employee or agent of Duke Energy actually receives the information. You may notify Duke Energy in person, by telephone or in writing. Written notice is considered given at the time you mail the notice or deliver it for transmission to Duke Energy by any other usual means. Notice may be considered constructively given when Duke Energy becomes aware of circumstances leading to the reasonable belief that an unauthorized transfer to or from your account has been or may be made. If state law imposes less liability than is provided by this section, your liability shall not exceed the amount imposed under the state law. (Note: The time limits described above do not apply to PNG customers.)

I. Payment Processing Errors, Notices and Procedures. When you believe an error exists, you must provide Duke Energy with an oral or written notice of error within 60 days of the date that you receive a statement or documentation from Duke Energy or your bank pertaining to the error. Your notification must identify you by name and account number, and indicate why you believe an error exists. Your notice must also include to the extent possible the type, date and amount of the error. Duke Energy shall investigate promptly and, except as otherwise provided below, shall determine whether an error occurred within 10 business days of receiving your notice of error. Duke Energy shall report the results of our investigation to you within three business days after completing our investigation. Duke Energy shall take all reasonable steps to correct the error within one business day after determining that an error occurred. If Duke Energy is unable to complete its investigation within 10 business days, we may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred. In such case, Duke Energy shall: (i) provisionally credit your account in the amount of the alleged error (including interest where applicable) within 10 business days of receiving the error notice; (ii) inform you, within two business days after the provisional crediting, of the amount and date of the provisional crediting; (iii) correct the error, if any, within one business day after determining that an error occurred; and (iv) report the results to you within three business days after completing our investigation. If Duke Energy determines that no error occurred or that an error occurred in a manner or amount different from that described by you, Duke Energy’s report of the results of its investigation shall include a written explanation of our findings and shall note your right to request the documents that we relied on in making our determination. Upon request, we shall promptly provide copies of the documents. Upon debiting a provisionally credited amount, Duke Energy shall notify you of the date and amount of the debiting. In the event that you have questions about the Online Payment Services, please call Duke Energy or contact Duke Energy by using the “contact us” feature of the Site. (Note: The time limits described above do not apply to PNG customers.)

A. North Carolina and South Carolina Customers. Non-regulated products are not part of the regulated utility services offered by Duke Energy Carolinas, LLC (“DEC”) / Duke Energy Progress, Inc. (“DEP”) and are not in any way sanctioned by the North Carolina Utilities Commission or the Public Service Commission of South Carolina. Purchasers of these products will receive no preferential or special treatment from DEC/DEP in regard to their regulated electric service. A customer does not have to buy these products or services from DEC/DEP in order to receive the same safe and reliable electric service from DEC/DEP. Purchasing such goods and services is completely at the customer's discretion and may also be available from non-affiliated suppliers.

B. Indiana, Ohio and Kentucky Customers. Non-regulated services offered by Duke Energy are not in any way sanctioned by the Indiana Utility Regulatory Commission, the Public Utilities Commission of Ohio or the Public Service Commission of Kentucky. Purchasers of these products will receive no preferential or special treatment from Duke Energy in regard to their regulated electric service. A customer does not have to buy these products in order to receive the same safe and reliable electric service from Duke Energy.

C. Florida Customers: Duke Energy Florida, LLC (DEF) and its affiliates offer optional, market-based products and services that are separate from the regulated services provided by DEF. These services are not regulated by the Florida Public Service Commission. Purchasers of these products will receive no preference or special treatment from DEF for regulated services. A customer does not have to buy these products or services from DEF or its affiliates in order to receive the same safe and reliable electric service from DEF. Nonpayment for these products or services may result in removal from the program, but will not result in disconnection of electric service. These goods or services may also be available from other non-Affiliated suppliers.

Smart Meter Usage Gateway

Duke Energy has developed a gateway device that can be connected to your router ("Gateway Device") which provides communication to the electric AMI Smart Meter, via a mobile application (the "Mobile App"). Duke Energy shall not be liable for any damage or loss incurred by you as a result of your use of the Gateway Device or the Mobile App.

You agree that the Mobile App may not be relied upon for the transmission of data relating to emergency or life threatening situations, or where failure could lead to death or personal injury. To the fullest extent permitted by law, you assume all risk of loss related to your use of the Gateway Device and the Mobile App.

Contact Us

You may direct any questions about these Terms and Conditions to Duke Energy by contacting: Duke Energy, Duke Energy Progress or Piedmont Natural Gas.